There’s a long held belief in the musical quarter of the interweb that the sounds used in sample-based hardware music instruments, like old sample-based drum machines and wavetable synths, are in fact protected by copyright.
It seems a bit of an obvious call to me that any raw PCM data contained in the EPROM of any of those machines is somehow protected under the law, in that I’m sure it’s illegal to rip that data and use it as the EPROM of another machine. But it is often said here and there on the web that just recording, sampling and redistributing/reusing those sounds as played by the machines is also illegal. Well, I want proof.
So please, please, please, could someone point me to actual legal evidence of such statements, like explicit mention in law or any legal precedent in which such laws were tested. I can find no precedent, nor any actual copyright statute that states such things explicitly. I know sample-based software manufacturers often have EULAs, but a license isn’t the same thing as copyright law. And I know lawyers from the mega-corps often send intimidating letters, but that isn’t the same thing either. And it has never been clear that those scary letters were threatening over copyright or trademark infringement.
So if my plea makes its way to any copyright law experts, please get in touch (the Intelligent Machinery forum is ideal, but my email address can be found over here) and let me know what is owned by whom.